The ongoing legal battle over the “American Nightmare” trademark has taken a new turn as WWE and Fanatics have filed a motion to dismiss musician Wesley Eisold’s lawsuit. The civil suit, filed in September, alleges trademark infringement and breach of a prior settlement with Cody Rhodes, demanding $1 million in damages.
The Dispute
Eisold, frontman of the band American Nightmare, claims that WWE and Fanatics violated a 2019 settlement between himself and Rhodes. The agreement allowed Rhodes to use the “American Nightmare” trademark for wrestling merchandise but stipulated that such items must prominently feature Rhodes’ name, likeness, or “substantial indicia indicating association with wrestling,” at least 75% larger than the trademark itself.
Eisold alleges that certain WWE merchandise violates this agreement, arguing that it could confuse consumers into thinking the products are affiliated with his band.
Defendants Fire Back
Attorneys for WWE and Fanatics contend that all items in question meet the settlement’s requirements. They argue that Rhodes’ merchandise prominently features the skull logo tattooed on his neck, which is a clear identifier of his wrestling persona and satisfies the agreement’s stipulation for wrestling-related elements.
Additionally, WWE and Fanatics claim they were unaware of the settlement prior to the lawsuit being filed and only saw its terms when included in the complaint. This lack of knowledge, they argue, absolves them of liability for any alleged breach by Rhodes.
Rhodes’ legal team from Jayaram Law has filed a joinder to the WWE and Fanatics motion, aligning their defense strategies.
What’s Next?
The case now hinges on whether the court agrees with WWE and Fanatics’ arguments about the merchandise’s compliance and their claimed ignorance of the prior settlement. If the motion to dismiss is denied, the lawsuit could move forward into discovery, potentially prolonging the legal battle.
As of now, Rhodes continues to use the “American Nightmare” branding while the courts determine its future.